# The Education Maintenance Allowance (Pilot Areas) Regulations 1999, Regulation 5: Income condition


(1) The condition specified in this regulation is, subject to paragraph (4),–
(a) if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
(b) if paragraph (3) applies, that the income of the student’s parent with whom the student normally resides did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount; and
(c) if neither paragraph (2) not paragraph (3) applies or the student was one in respect of whom the condition in regulation 4 was satisfied by virtue of being an independent student other than one falling within sub-paragraph (b)(ii) of the definition of independent student, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.
(2) This paragraph applies where–
(a) the student’s parents live together as husband and wife (whether or not they are married to each other) and the student normally resides with his parents; or
(b) the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and paragraph (3) does not apply.
(3) This paragraph applies where the student’s parents do not live together as husband and wife and–
(a) the student normally resides with one of his parents; and
(b) the income of the other parent cannot reasonably practicably be ascertained or verified.
(4) Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph 1(a), (b) or (c) (as the case may be) is likely, during the tax year following that referred to in paragraph (1)–
(a) not to exceed the relevant amount; and
(b) to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),
the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.
(5) For the purposes of this regulation the income of a person, subject to paragraph (6), is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988.
(6) Where paragraph (3) applies, and the income of the parent with whom the student normally resides includes a maintenance payment, that parent’s income for the purpose of this regulation shall be computed as though such payment were part of his total income whether or not such payment or any part of it would be included in his total income for tax purposes.
(7) For the purposes of paragraph (6) “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which–
(a) is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 or under a separation agreement; and
(b) is made by:
(i) one of the parties to a marriage (including a marriage which has been dissolved or annulled) to or for the benefit and for the maintenance of the other party; or
(ii) one or both of the parents of the student to or for the benefit, and for the maintenance or education, of any child of one or both of the parents; or
(iii) by another person to or for the benefit, and for the maintenance or education, of a child (including the student) of one or both of the parents of the student; and
(c) is due at a time when–
(i) as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the said parties are not living together as husband and wife; or
(ii) as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) or (iii), the person making the payment dos not reside in the same household as the child to whom or for whose benefit the payment is made.
(8) In this regulation–
(a) “parent” means the mother or father of the student (including a mother or father by adoption) but not any other person with parental responsibility for the student; and
(b) “the relevant amount” means
(i) £20,000 where the relevant authority is a local education authority in Greater London; and
(ii) £30,000 in any other case.

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Source: https://www.legislation.gov.uk/uksi/1999/2168/regulation/5 (the official version)
Page: https://openlegislation.uk/education-maintenance-allowance-pilot-areas-regulations-1999/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.